The case was heard in Foshan Chancheng District
The formaldehyde test report produced by the victim, the court, and the involved company is completely different.
Xiao Lin (a pseudonym), a 5-year-old daughter, was unfortunately diagnosed with acute leukemia. Her parents had all kinds of signs that the "culprit" was the mattress she used.
On Friday, the case was heard in the court of the Ancestral Temple in Chancheng District. Surprisingly, in the court, there were three test reports with completely different results. The case was not pronounced in court.
Daughter suffering from acute leukemia
On August 1st last year, Mr. Chen, who lives in Chancheng District, and Xiaolin, the daughter of Ms. Zhang, were diagnosed with acute leukemia. The doctor told them that this may be related to Xiaolin’s living environment being contaminated by certain substances. Ms. Zhang said that since then she found that the old mother who lived in Wanliang Road in Chancheng District also had symptoms similar to Xiaolin. Why do the two people live in different places, but have similar symptoms, what similar things do they use in their lives? Ms. Zhang immediately remembered the mattress she bought at Foshan Meimei Industrial Development Co., Ltd. (hereinafter referred to as the US company).
It turned out that the mothers of Mr. Chen, Xiaolin and Ms. Zhang used the mattress of the US company. Xiao Lin started using the mattress from early July last year. They immediately tested the mattress, and the formaldehyde content of the mattress used by Xiaolin exceeded the national safety standard by more than ten times!
Mr. Chen then filed a lawsuit against the US company. They believe that formaldehyde is a toxic and harmful substance, because the formaldehyde released by the US company's "Mei" brand mattresses exceeds the national safety standards of more than ten, and pollutes the room where the daughter lives, causing her daughter to suffer from leukemia. Mr. Chen asked the other party to pay 92883.7 yuan.
As a defendant, the US company does not agree that the other party will sue for environmental pollution disputes. Their attorneys said that Mr. Chen filed a lawsuit on the grounds that the product was defective, and the case should be a product liability dispute.
Three test reports have different results
After accepting the case, the court commissioned the relevant appraisal agency to test Xiaolin’s mattress samples. The test report shows that the formaldehyde content of the mattress does exceed the standard, but the superscalar is only two or three times the national safety standard.
Mr. Chen and the US company both expressed objections to this appraisal report issued by the court. Mr. Chen believes that the test value between the US company's test report and the test report issued by the court agency is too far away. I hope the court will re-evaluate it. I also hope that the court will identify the mattress used by Xiaolin's grandmother.
The US company said that the test report of the court's entrusted organization was carried out under the condition that the mattress was destroyed, and it was impossible to restore the actual situation of the amount of formaldehyde released under the normal use of the mattress.
The US company also presented its own identification report in the trial. They said that the mattress to be inspected was the same model as the mattress in question. They tested the entire mattress without damage and found that the amount of formaldehyde released was acceptable.
Court focus
Will formaldehyde cause leukemia?
The US company provided the court with a medical literature as evidence. The literature points out that harmful substances that cause leukemia include benzene, etc., and have nothing to do with formaldehyde. And according to general medical knowledge, leukemia is a type of cancer, and cancer cannot be achieved within a month from latent to onset.
"The most basic controversy in this case is whether formaldehyde causes leukemia. The plaintiffs believe that formaldehyde has a causal relationship with leukemia, but there is no proof that it is unfair to the US company based solely on its subjective presumption." The lawyer pointed out.
"My mother also has leukemia. The house she lives in has no decoration. The only thing that is the same is this mattress. Both people have contacted this mattress and have suffered from blood diseases. Is this not enough proof?" Respond to the statement.
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